BecomingGolden

Written by Adv. Brownie Ebal and Victoria Nakiyimba

The IBA ESG Accelerator Training Programme: Business and Human Rights webinar, held on March 12, 2025, brought together legal experts and industry leaders to discuss the evolving landscape of ESG (Environmental, Social, and Governance) considerations in business and the role of legal practitioners in African jurisdictions. Hosted by Webber Wentzel in collaboration with Linklaters, the session aimed to equip lawyers with a deeper understanding of how ESG issues shape daily legal practice.

The discussion featured a distinguished panel, including Clarice Wambua (Cliffe Dekker Hofmeyr, Kenya), Damilola S. Olawuyi SAN (Hamad Bin Khalifa University, Qatar), Prince Osisiadan (SUCCA Africa Ltd, Ghana), and Jacob Oben (Bennani & Associés LLP, Cameroon). Each speaker highlighted key challenges, progress, and actionable solutions for integrating human rights considerations into business operations.

One of the pressing concerns raised was the increasing threats and aggression faced by human rights activists, particularly when addressing corporate accountability and government policies. Clarice Wambua emphasized the need for anti-SLAPP laws (Strategic Lawsuits Against Public Participation) to protect activists from retaliatory legal actions aimed at silencing them.

Prince Osisiadan provided insight into Ghana’s National Baseline Assessment and National Action Plan (NAP) for business and human rights. While Ghana has a strong legal and constitutional framework, several challenges persist, including weak enforcement of labor rights, land acquisition policies, and environmental protections. He noted that corporate accountability remains limited, with businesses often lacking clear human rights due diligence requirements. Access to legal remedies also remains a hurdle due to long court delays, inadequate legal aid, and weak alternative dispute resolution mechanisms. Vulnerable groups—including women, persons with disabilities, and marginalized communities—face systemic discrimination, while sector-specific risks in mining, petroleum, finance, and telecommunications continue to raise concerns over workplace safety and privacy rights.

Despite these challenges, Ghana has made progress in aligning some laws and policies with international standards, strengthening democratic governance and ensuring civil liberties. The National Action Plan outlines responsibilities for both the state and businesses, emphasizing the need to strengthen legal frameworks, enhance monitoring and accountability, and promote ethical corporate policies that respect human rights. To ensure access to remedies, the plan also advocates for improved legal aid services and more robust corporate grievance mechanisms.

Jacob Oben echoed similar concerns in the Cameroonian context, pointing to issues such as forced labor, eviction without compensation, and a lack of transparency in corporate dealings. He stressed the importance of a well-structured National Action Plan to address these human rights violations and improve accountability.

Damilola S. Olawuyi SAN underscored the critical role of education and capacity-building in achieving meaningful human rights progress in business. He outlined key steps needed for effective implementation, including clarity in human rights obligations, state leadership by example, and adequate budget allocation to ensure enforcement. He emphasized that if governments expect private sector compliance, they must demonstrate commitment within state-owned enterprises as well.

The webinar reinforced the urgent need for a collaborative approach to addressing business and human rights challenges across African jurisdictions. Governments, businesses, and legal professionals must work together to strengthen legal frameworks, ensure corporate accountability, and provide effective remedies for human rights violations. The discussions made it clear that while significant progress has been made, sustained efforts and systemic changes are necessary to create a business environment that truly respects and upholds human rights.

For more information about IBA programmes, please click on the link below; https://www.ibanet.org/